Bonum Certa Men Certa

Design/Software Patents Next on the Supreme Court's Agenda as Android/Linux Case Escalated to Highest Possible Level

Wasting valuable courts' time on some silly patents that are neither novel nor nontrivial (prior art below)

Gates



Summary: The US Supreme Court (SCOTUS) is going to deal with inane Apple patents that are being used in an effort to make billions of dollars ('Apple tax') out of a Linux-based operating system (Android) which competes against Apple's

TECHRIGHTS has among its primary goals the abolition of software patents and the success of FOSS, which is ascending in Europe these days. This would be beneficial to software developers and probably for the public as a whole. The losers? Probably patent lawyers and their biggest clients, who refer to their patent portfolio as a "war chest".



"We believe that real change can come from the courts, especially the high ones, which everyone must follow."We recognise that significant change hardly comes from politicians anymore, as they are nowadays funded (especially in the United States) by the aforementioned "biggest clients". We believe that real change can come from the courts, especially the high ones, which everyone must follow. Consider the long-awaited SCOTUS appeal regarding an Android case. Can SCOTUS bury so-called ‘design’ patents, which are essentially akin to software patents (usually a GUI with some buttons and unspecified callback functions for behaviour)? After Alice, which changed a lot, we sure hope so.

We have been covering Apple's attacks on Android/Linux since the very beginning (the Apple vs HTC case). It's still being dragged on, even several years after the death of Steve Jobs, which says a lot about Apple (they are still an aggressive patenting company). The expected decision on whether it shall be dealt with by SCOTUS was scheduled for Monday, after some people waited in vain on Friday. This has been covered to death in the media by now, so we won't bore our readers with yet more of the mundane pertinent details (we covered these before anyway, including the laughable patents at hand [1, 2]).

"It's still being dragged on, even several years after the death of Steve Jobs, which says a lot about Apple (they are still an aggressive patenting company)."To give just a short media survey/roundup, Spicy IP oddly enough chose to focus on another case. It said: "We’ve been given to believe that the Roche vs Cipla appeal came up at the Supreme Court today."

An article by Joe Mullin, on the other hand, noted: "Are design patents for "carpets and wall-papers and oil-cloths" or smartphones?"

Korean English-speaking media said the obvious, FOSS proponents like SJVN spread the news early on, and maybe hundreds if not thousands of media outlets wrote about this as well. To quote SJVN: "Years in the making, the Supreme Court has agreed to listen to Samsung's appeal of Apple's design patent awards. [...] At first it looked like Apple won its design patent wars over Samsung. As time went on, that "victory" started looking more like a defeat as Samsung won its appeals. Now, Apple is in even more trouble. The Supreme Court of the United States (SCOTUS) has elected to hear Samsung's appeal of the $548-million award lower courts gave Apple."

"The expected decision on whether it shall be dealt with by SCOTUS was scheduled for Monday, after some people waited in vain on Friday."To quote Florian Müller, who used to be a FOSS opponent (Microsoft/Horacio Gutierrez paid him for this) but later seemed to have flipped back to pro-FOSS, he wrote: "The Supreme Court of the United States has just published a decision it had already made on Friday (March 18): Samsung's December 2015 petition for writ of certiorari (request for Supreme Court review) in Apple's design patents case has been GRANTED with respect to question 2 (damages). As a result, the Apple v. Samsung damages re-retrial scheduled to begin later this month in the Northern District of California is almost certainly going to be postponed indefinitely, as Apple is seeking unapportioned infringer's profits on all five products still at issue and won't be entitled to that if Samsung prevails in the top U.S. court."

"For my take on why design patents were neglected for such a long (and crucial) time," wrote this person to Müller (whose expertise is this one particular case), linking to the paper about design patents. To quote part of the abstract: "This project, initially published as a two-part series of articles entitled 'Design and Deviance: Patent as Symbol, Rhetoric as Metric,' reveals the unrecognized power of gender and sexuality norms in the deep discourse of pivotal American case law on design patents."

"A re-retrial was scheduled to take place in California in a week," Müller wrote. "In light of the Supreme Court decision I'm sure Judge Koh will cancel it."

The reason we quote Müller so extensively about this particular case is that, with respect, he did follow this case for many years. He later added:



"Watch how some patent lawyers view things. It’s all about money to them (even a crude picture of dollars)."Here is an analysis by a Professor of Law (journalists tend to be clueless about these matters) and Patently-O's take from Jason Rantanen and Professor Crouch, who looks for some input through a survey.

Levy from CCIA (lobbying) wrote: "CCIA argued to the Court that this interpretation overreached in an unconstitutional way, and that the correct interpretation could be found by looking at a related statute, the Vessel Hull Design Protection Act." Rob Lever, a journalist, said that: "The US Supreme Court on Monday opened the door to reducing the hundreds of millions of dollars in damages owed by Samsung to Apple in the blockbuster patent case between the world's biggest smartphone makers."

"We look forward to following the case and hopefully we shall see Apple walking away with nothing."Watch how some patent lawyers view things. It's all about money to them (even a crude picture of dollars). To quote a part of it: "It is penny-wise and pound-foolish to scrimp on “preparation and prosecution” of patents—which if the invention is any good, will be infringed and attacked—and then to spend hundreds of millions on patent infringement and validity and damages litigation and appeals."

We look forward to following the case and hopefully we shall see Apple walking away with nothing. As usual, only the lawyers are guaranteed to win.

Recent Techrights' Posts

Someone at Association for Computing Machinery (ACM) is Censoring the Birthday Greetings to Richard Stallman
Some people remember
Links 16/03/2026: Moscow Experiencing Cellphone Internet Outages, "Salman Rushdie Is Tired of Talking About Free Speech"
Links for the day
Debian is Dying for Some of the Same Reasons IBM's Fedora is Rapidly Dying
Prioritising CoC censorship, not communities
 
British Justice Minister Sarah Sackman Blasts Solicitors Regulation Authority (SRA)
The "legal industry" is due for "some reckoning"
GAFAM Deprecating Old Videos ("Content") by Removing the Support for Their Format for No Good Reason
"Security" is not a valid excuse
Credit/Debit Cards Have Long Been Called Plastics, Over Time They're Becoming More Like Pure Plastics
They cost less than a dollar to manufacture
The European Patent Office (EPO) Holds a Public Demonstration Tomorrow and It'll be Live-streamed
The EPO's workforce was meant to be capable of speaking many languages and have extensive experience in the sciences
People Who Attacked Techrights Also Attacked My Mother
Picking on old ladies because you don't like Free software advocates is never OK
Little Community Element Left in CentOS
CentOS, unlike Fedora, was meant to be long supported and solid
Social Control Media is Cancel Culture (Companies Like Facebook Also Punish/Ban Accounts for Mentioning "Linux" and Lobby for Anti-Linux Legislation)
The masters of Social Control Media decide what ideas can and cannot be expressed
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 16, 2026
IRC logs for Monday, March 16, 2026
The European Patent Office (EPO) Illegally Transitioning Into 'Gig' 'Economy' Equivalent (a Shop for Patent Monopolies in Europe)
for scabs aka SEALs
At Least Six EPO Strikes Next Month (Yes, Six!)
The pressure intensifies over time
Several MPs Blast Solicitors Regulation Authority (SRA) for Inaction and Ineffective Action This Week
"Four MPs have written to the SRA"
Microsofters' SLAPP Censorship - Part 14 Out of 200: The Abusive Cases of the Serial Strangler From Microsoft and His Litigation Buddy Garrett Did Cause "Serious Harm"
claims were de facto abandoned at the trial
Today's Discussions About How IBM Pushes Workers Out
The corporate media keeps trying - baselessly and in vain - to paint everything that happens with the "hey hi" brush
Linux Teck (linuxteck.com) and Ubuntu PIT (ubuntupit.com) Are Botspam
now they just keep experimenting by trashing their sites and reputation
Links 16/03/2026: Arctic Security and 'Mr. Nobody Against Putin'
Links for the day
Gemini Links 16/03/2026: KN95 Skins and CSS Surprises
Links for the day
The Register MS is Again Femmewashing GAFAM (Which Makes Widows) in Exchange for Money
This is a moral issue because they betray or harm women and prop up authoritarian regimes
Gemini Links 16/03/2026: AB 1043, Lagrange Android Beta 47, and Poetry
Links for the day
"Slop-forking" or "Vibe-forking" as the New 'Noble' Plagiarism
New Cloudflare Slop Project?
EPO "Cocaine Communication Manager" - Part VII - Cult Mentality, Mobbing, Nepotism
Does the EPO actually believe in the law?
2026 Microsoft Layoff Rumours
Surely if we had properly-functioning media, then someone would investigate this rather than rely on official statements from Microsoft and WARN notices
EPO Strike This Week
contact your national representatives about it
Gemini Links 15/03/2026: "Create Opportunities for Good Things to Happen", DOSbook, and Bitcoin Criticism
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 15, 2026
IRC logs for Sunday, March 15, 2026
Pirate Praveen Arimbrathodiyil & Debian denouncing volunteers, hiding romances
Reprinted with permission from Daniel Pocock
Links 15/03/2026: WB Games Montréal Undergoes Layoffs, "Swiss Reject Cuts to Public Broadcasting"
Links for the day
Gemini Links 15/03/2026: Messages in Bottles and Audio Streaming in Lagrange for Android
Links for the day
Microsofters' SLAPP Censorship - Part 13 Out of 200: Abuse of Process to Make False Accusations of UKGDPR Violations
familiar barrister and same lawyers
Thrown Under the Microsoft Bus
Microsoft wants disposable contractors
Quitting IBM and "Rumors of an Upcoming RA [Mass Layoffs] in April 2026"
Blue layoffs or "RAs" were confirmed upfront by the CFO
GNU/Linux Distro Builders Barely Paid Enough to Pay Basic Bills, Chief of "Linux" Foundation (Not Even Using Linux!) Increases His Own Salary by Over 50% in 5 Years
Salaries or compensation correlate with the ability to exploit people, not to create things
What Puts the Brakes on GNU/Linux Adoption on Laptops and Desktops is Monopoly Control (or Monoculture) Over the Distros
Distros that adopt systemd are controlled by IBM and GAFAM
The "Zero-Sum" Fallacy
Fallacies like "zero-sum" - especially in the context of foreign affairs including war - are utterly ruinous
A Happy Birthday to Richard Stallman
Richard Stallman will turn 73
Jürgen Habermas is Dead, But the Politicised, Inherently Corrupt, Corporatised Court for Patents That He Inspired Is Not
In the news throughout the weekend
Mountains of Abuses of Process by Brett Wilson LLP on Behalf of Americans and Sometimes at the Expense of British Taxpayers
a virtual "limited liability"
linuxteck.com FUD by LLM Slop, ubuntupit.com Passes the Slop Baton
Unless they get back to doing long-form authentic articles, as opposed to slop, no good will come out of it
Links 15/03/2026: New Shortages, Lynx Populations Depletion
Links for the day
Sruthi Chandran & Debian Diversity, Favoritism, Hidden Conflicts of Interest
Reprinted with permission from Daniel Pocock
software in the public domain
Reprinted with permission from Alex Oliva
Links 15/03/2026: Slop "Bubble Driving Interest in Chip Alternatives" and Wildlife Erosion Reported
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 14, 2026
IRC logs for Saturday, March 14, 2026